United States First Circuit

Convictions on charges of violating restrictions on the overseas shipment of weapons-grade technologies are: 1) vacated and remanded in part, as to two counts charging both defendants with exporting items restricted under the Munitions List, because the district court erred in its instructions by not submitting to the jury an element of the offense, an error that violated the defendants' Sixth Amendment right to a trial by jury and not been shown to be harmless; but 2) affirmed in part, as to defendant Wu's and Wei's convictions on the Commerce Control List counts, the conspiracy count, and the Shipper's Export Declarations counts, and Wu's convictions on the additional Commerce Control List counts and Wei's conviction on the immigration count.

Appellate Information

• Decided 03/19/2013
• Published 03/19/2013

Judges

• LYNCH

Court

• United States First Circuit

Counsel